Seller had a guitar for sale. He bought it from his school when he was a...
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Seller had a guitar for sale. He bought it from his school when he was a child and there have been no other owners. Buyer came to look at the guitar. Buyer said that the guitar must have been owned by great musician Prince because this is the type of guitar played by Prince, and Buyer has never seen anyone else playing such a guitar. Seller knows this is not Prince's guitar, but did not respond when Buyer remarked that the guitar was owned by Prince. The sale went through, but now Buyer has discovered that this was not Prince's guitar. Buyer wants his money back. What result? If Buyer can prove that Seller knew it wasn't Prince's guitar, Buyer can rescind the contract and get his money back. The guitar should be sold and the sales price divided between Seller and Buyer. The guitar should be donated by Seller to the school where he bought it. Buyer must keep the guitar if it is in good working condition. Seller had a guitar for sale. He bought it from his school when he was a child and there have been no other owners. Buyer came to look at the guitar. Buyer said that the guitar must have been owned by great musician Prince because this is the type of guitar played by Prince, and Buyer has never seen anyone else playing such a guitar. Seller knows this is not Prince's guitar, but did not respond when Buyer remarked that the guitar was owned by Prince. The sale went through, but now Buyer has discovered that this was not Prince's guitar. Buyer wants his money back. What result? If Buyer can prove that Seller knew it wasn't Prince's guitar, Buyer can rescind the contract and get his money back. The guitar should be sold and the sales price divided between Seller and Buyer. The guitar should be donated by Seller to the school where he bought it. Buyer must keep the guitar if it is in good working condition.
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